1. Criminal cases are investigated by public security organs; Except as otherwise provided by law.
2. Jurisdiction of tax-related cases: a. Tax-related cases are under the jurisdiction of public security organs: ① Public security organs should file a case for investigation; The people's procuratorate will no longer accept it; (3) Documents that do not conform to the provisions of the Criminal Procedure Law on the division of jurisdiction over cases are invalid. B. For tax-related cases that the people's procuratorate has filed for investigation and should be under the jurisdiction of the public security organs according to law: ① The people's procuratorate can continue to handle them; (2) Or the people's procuratorate shall hand it over to the public security organ.
3. The crimes stipulated in Chapter III of the Specific Provisions of the Criminal Law "Crimes of Disrupting the Order of the Socialist Market Economy" shall be investigated by the public security organs.
4. The crime of perjury and the crime of refusing to execute the judgment or ruling shall be investigated by the public security organs.
5. The people's court directly accepts "minor criminal cases that the victim has evidence to prove": A. If the evidence is insufficient and the public security organ can accept it, it shall be transferred to the public security organ for investigation. B. If the victim complains to the public security organ, the public security organ shall accept it.
Two, as otherwise provided by law does not belong to the scope of investigation by public security organs.
1, cases endangering state security are handled by state security organs;
2. The military security department exercises the investigation power of criminal cases within the military;
3. Cases in which criminals commit crimes in prisons shall be investigated by prisons;
4, the procuratorate self investigation cases directly accepted by the procuratorate;
5. Cases of private prosecution are directly accepted by the court.
Three. Provisions on investigation jurisdiction of public security organs.
1, criminal cases shall be under the jurisdiction of the public security organ in the place where the crime was committed; If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives.
2. Criminal cases under the jurisdiction of several public security organs: a. Under the jurisdiction of the public security organ that initially accepted the case. B. If necessary, it can be under the jurisdiction of the public security organ of the main crime place.
3. For criminal cases with unclear jurisdiction: a. Jurisdiction can be determined by relevant public security organs through consultation. B for criminal cases with disputed jurisdiction or special circumstances, the public security organ at a higher level may designate jurisdiction.
4. Level jurisdiction of public security organs: A. County-level public security organs are responsible for investigating criminal cases within their respective jurisdictions; B. Public security organs at or above the prefecture (city) level: ① Responsible for the investigation of major criminal cases such as major foreign-related crimes, major economic crimes and major group crimes; (2) The investigation of major criminal cases that are difficult for public security organs at lower levels to detect.
Legal basis:
The investigation of criminal cases in the first paragraph of Article 18 of the Criminal Procedure Law shall be conducted by public security organs, except as otherwise provided by law. Provisions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security, the Ministry of Justice and the Legislative Affairs Commission of the NPC Standing Committee on Several Issues Concerning the Implementation of the Criminal Procedure Law 1. According to the provisions of the Criminal Procedure Law on the division of jurisdiction over criminal cases, people's procuratorates have jurisdiction over "crimes of corruption and bribery, crimes of dereliction of duty by state functionaries, crimes of illegal detention, crimes of extorting confessions by torture, crimes of retaliation and framing, crimes of illegal search, crimes of infringing citizens' personal rights and crimes of infringing citizens' democratic rights." Tax-related cases are under the jurisdiction of public security organs, which should put on record for investigation and the people's procuratorate will no longer accept them. Documents that do not conform to the provisions of the Criminal Procedure Law on the division of jurisdiction over cases are invalid. The people's procuratorate may continue to handle tax-related cases that have been put on file for investigation by the people's procuratorate and should be under the jurisdiction of the public security organ according to law, or may hand them over to the public security organ for handling. 4. Paragraph 2 of Article 170 of the Criminal Procedure Law stipulates that "minor criminal cases with victim evidence" directly accepted by the people's courts refer to the following criminal cases with victim evidence:
(1) Cases of intentional injury (minor injuries);
(2) Bigamy cases;
(3) Cases of abandonment;
(4) Cases of interference with freedom of communication;
(5) Cases of trespassing on other people's houses;
(six) cases of producing and selling fake and inferior commodities (except those that seriously endanger social order and national interests);
(seven) cases of infringement of intellectual property rights (except those that seriously endanger social order and national interests);
(8) Other minor criminal cases in which the defendant can be sentenced to fixed-term imprisonment of not more than three years as stipulated in Chapters IV and V of the Specific Provisions of the Criminal Law. In the above eight cases, if the victim brings a lawsuit directly to the people's court, the people's court shall accept it according to law. If the evidence is insufficient to be accepted by the public security organ, it shall be transferred to the public security organ for investigation. If the victim complains to the public security organ, the public security organ shall accept it. The crime of perjury and the crime of refusing to execute a judgment or ruling shall be investigated by the public security organs. Article 14 of the Procedures for Handling Criminal Cases by Public Security Organs, in accordance with the provisions of the Criminal Procedure Law on the division of jurisdiction over criminal cases, except for the crimes of corruption and bribery, dereliction of duty by state functionaries, illegal detention, extorting confessions by torture, violent evidence collection, revenge and framing, illegal search, and violation of citizens' democratic rights, other criminal cases are under the jurisdiction of public security organs, except for crimes of beating and corporal punishment by supervisors, crimes committed by military personnel in violation of their duties, and other crimes committed by state functionaries approved by people's procuratorates at or above the provincial level by taking advantage of their functions and powers. The public security organ shall accept the criminal case directly accepted by the people's court. If the victim has evidence to prove that the private prosecution is rejected due to insufficient evidence, it may be accepted and handed over by the public security organ. Article 15 A criminal case shall be under the jurisdiction of the public security organ in the place where the crime was committed. If it is more appropriate to be under the jurisdiction of the public security organ where the criminal suspect lives, it may be under the jurisdiction of the public security organ where the criminal suspect lives. Article 16 A criminal case over which several public security organs have jurisdiction shall be under the jurisdiction of the public security organ that accepts it first. When necessary, it may be under the jurisdiction of the public security organ in the main crime place. Seventeenth criminal cases with unknown jurisdiction can be determined by the relevant public security organs through consultation. Criminal cases with controversial jurisdiction or special circumstances may be designated by the public security organs at higher levels for jurisdiction. Eighteenth county public security organs are responsible for investigating criminal cases within their respective jurisdictions; Public security organs at or above the prefecture (city) level are responsible for investigating major foreign-related crimes, major economic crimes, major group crimes and major criminal cases that are difficult for public security organs at lower levels to detect. Article 19 The internal jurisdiction of public security organs over criminal cases shall be determined according to the establishment of criminal investigation institutions and the division of responsibilities. Article 20 Criminal cases in institutions, factories, sections, hospitals, schools, research institutes, teams and work areas of railway, transportation and civil aviation systems, criminal cases in work areas of stations, ports, docks and airports, criminal cases in railway construction sites, cases of stealing or damaging railways, water transport, communications, power lines and other facilities along railways and water transport. The public security organ of the forestry system is responsible for the investigation of criminal cases such as illegal logging, deforestation, endangering terrestrial wildlife and rare plants within its jurisdiction; Forestry public security organs in large-scale forest areas are also responsible for the investigation of other criminal cases within their jurisdiction. If a special forestry public security organ is not established, it shall be under the jurisdiction of the local public security organ. Article 21 When a criminal case investigated by a public security organ involves a case under the jurisdiction of a people's procuratorate, it shall transfer the criminal case under the jurisdiction of the people's procuratorate to the people's procuratorate. If the suspected principal offender is under the jurisdiction of the public security organ, the public security organ shall take the lead in the investigation; The public security organ shall cooperate with the people's procuratorate if the main suspected crime falls under its jurisdiction. Article 22 The division of jurisdiction between the public security organs and the army over criminal cases is as follows:
(1) Where a soldier commits a crime in the local area, the local public security organ shall promptly hand it over to the military security department for investigation.
(2) Where a local person commits a crime in a military camp, the military security department shall hand it over to the public security organ for investigation.
(3) Crimes committed by soldiers and local personnel in military camps are mainly organized by the military security department and coordinated by the public security organs; * * * Crimes committed in the local area are mainly investigated by public security organs, with the cooperation of military security departments.
(4) If an active serviceman commits a crime in the local area before joining the army and should be investigated for criminal responsibility according to law, the public security organ shall conduct investigation with the cooperation of the military security department.
(5) If an active serviceman is found to have committed a crime during his service in a military camp after retiring from active service, he shall be investigated for criminal responsibility according to law, and the military security department shall cooperate with the public security organs.
(6) Soldiers who commit crimes on the way out of active service, or recruits who have been approved to join the army but have not gone through the handover procedures with the army, shall be investigated by the public security organs.
(7) Cases in which the military interests and rights and interests of soldiers are not infringed upon are handed over, leased or lent to local units for use, military camps, camps, warehouses, airports and docks managed by local people's armed forces departments, and military dormitories where troops and local personnel live together, and the public security organs shall, with the cooperation of the military security departments, conduct investigations.
(8) Cases of companies, factories, mines, hotels, restaurants, theaters and joint ventures between the military and the land registered in the administrative department for industry and commerce shall be investigated and dealt with by the public security organs with the cooperation of the military security departments. When handling criminal cases involving public security organs and the army, the public security organs and the relevant security departments of the army should exchange information in a timely manner, strengthen cooperation and cooperate closely; Cases with disputed jurisdiction should be studied through consultation, and if necessary, they can be settled by the higher authorities of both parties through coordination. Servicemen referred to in this article refer to servicemen, army workers and retirees managed by the army. Article 23 The division of jurisdiction over criminal cases between public security organs and armed police forces shall be handled in accordance with the principle of division of jurisdiction over criminal cases between public security organs and armed forces. Criminal cases of public security frontier defense, fire fighting and security departments and personnel of gold, transportation, water, electricity and forest forces in the Armed Police Force are under the jurisdiction of public security organs. You can add my friend, online legal advice
(1) The criminal suspect is a mental patient who is blind, deaf, dumb or has not completely lost the ability to recognize or control his own behavior;
(2) The suspect may be sentenced to life imprisonment or death.
Article 45 After receiving an application for legal aid from a criminal suspect in custody, the public security organ shall transfer the application to the local legal aid institution within 24 hours, and notify the applicant's guardian, close relatives or other personnel entrusted by him to assist in providing relevant documents, certificates and other relevant materials. If the address of the guardian, close relatives or other personnel entrusted by the criminal suspect is unknown and cannot be notified, the legal aid institution shall be informed together with the application.
If a criminal suspect refuses a lawyer appointed by a legal aid institution to act as a defender or entrusts a defender himself, the public security organ shall notify the legal aid institution within three days.
Article 46 After accepting the entrustment of a criminal suspect or the assignment of a legal aid institution, a defense lawyer shall promptly inform the public security organ and produce a lawyer's practice certificate, a certificate of law firm, a power of attorney or a letter of legal aid.
Article 47 If a defense lawyer asks the public security organ about the case, the public security organ shall inform the entrusted or designated defense lawyer about the alleged crime of the criminal suspect, the main criminal facts ascertained at that time, the adoption, change, lifting of compulsory measures and extension of the investigation and detention period of the criminal suspect, and make records.
Article 48 A defense lawyer may meet and correspond with a criminal suspect who is detained or under residential surveillance.
Forty-ninth cases of crimes and terrorist activities endangering national security, the case handling department shall notify the detention center in writing when the criminal suspect is sent to the detention center for custody; When a criminal suspect whose residence is under surveillance is delivered for execution, he shall notify the executing organ in writing.
In the process of investigation, the defense lawyer shall apply to meet the criminal suspect who is detained or under residential surveillance as stipulated in the preceding paragraph.
An application for meeting with a defense lawyer shall be submitted to the person in charge of the public security organ at or above the county level for approval within 48 hours after receiving the application, and a decision shall be made on whether to grant or not. Except in cases that hinder the investigation or may reveal state secrets, a decision on permission shall be made.
If the public security organ is not allowed to meet, it shall notify the defense lawyer in writing and explain the reasons. After the situation that hinders the investigation or may reveal state secrets disappears, the public security organ shall allow the meeting.
In any of the following circumstances, it is "obstructing investigation" as stipulated in this article:
(a) may destroy or falsify evidence, interfere with witness testimony or collusion;
(2) It may lead to the criminal suspect's self-mutilation, suicide or escape;
(3) It may cause accomplices to evade or obstruct the investigation;
(4) The criminal suspect's family members participate in the crime.
Article 50 If a defense lawyer requests to meet with a criminal suspect in custody, the detention center shall arrange for the lawyer to meet with the criminal suspect within 48 hours after checking the lawyer's practice certificate, law firm certificate, power of attorney or legal aid letter of the criminal suspect, and notify the case-handling department at the same time.
In the process of investigation, when the defense lawyer meets the criminal suspect who is detained or under residential surveillance in crimes endangering national security, terrorist activities and particularly serious bribery crimes, the detention center or the residential surveillance execution organ shall also check the license decision document of the investigation organ.
Article 51 If a defense lawyer needs to hire an interpreter when meeting a criminal suspect in custody or under surveillance, it shall be examined by the public security organ. If it meets the requirements, it shall be licensed; For those that do not meet the requirements, notify them to replace them in time.
If translators attend the meeting, the detention center or the execution organ of residential surveillance shall examine the license decision document of the public security organ.
Article 52 When a defense lawyer meets a criminal suspect who is under detention or residential surveillance, the detention center or the residential surveillance executive organ shall take necessary management measures to ensure the smooth progress of the meeting and inform him to abide by the relevant provisions of the meeting. When a defense lawyer meets a criminal suspect, the public security organ shall not monitor or send personnel to be present.
If a defense lawyer meets a criminal suspect in custody or under residential surveillance and violates the law or the meeting regulations, the detention center or the residential surveillance enforcement agency shall stop it. For those who seriously violate the regulations or refuse to listen to dissuasion, they may decide to stop this meeting and promptly notify their law firm or their lawyers association.
Article 53 A defender or other person who illegally interferes with litigation activities in criminal proceedings shall be investigated for legal responsibility according to law.
If a defender interferes with litigation activities and is suspected of committing a crime and falls under the jurisdiction of a public security organ, the public security organ handling the case handled by the defender shall report to the public security organ at the next higher level and designate other public security organs to file a case for investigation, or the public security organ at the next higher level shall file a case for investigation. The public security organ at a lower level of the public security organ that originally undertook the case shall not designate investigation. If the defender is a lawyer, the public security organ that filed the case for investigation shall promptly notify the law firm where he belongs or the lawyers association to which he belongs.
Article 54 A defense lawyer shall have the right to keep confidential the relevant information and materials of his client that he knows in his practice. However, if the defense lawyer knows that the client or others are preparing or committing criminal acts that endanger national security, public security and seriously endanger the personal safety of others, he shall promptly inform the judicial organs.
Article 55 Before the investigation of a case is concluded, if the defense lawyer makes a request, the public security organ shall listen to the opinions of the defense lawyer, verify it according to the situation and record it. If a defense lawyer puts forward a written opinion, it shall attach a volume.
The public security organ shall verify the evidence collected by the defense lawyer that the suspect is not at the scene of the crime, has not reached the age of criminal responsibility, and belongs to a mental patient who is not criminally responsible according to law, and record the relevant information, and the relevant evidence shall be attached. [ 1]
Chapter V Evidence
Article 56 All materials that can prove the facts of a case are evidence.
Evidence includes:
(1) Physical evidence;
(2) Documentary evidence;
(3) Testimony of witnesses;
(4) the victim's statement;
(5) confessions and excuses of the criminal suspect;
(6) Appraisal opinions;
(7) Records of inquest, inspection, investigation, experiment, search, seizure, sealing up, extraction and appraisal;
(8) Audio-visual materials and electronic data.
The evidence must be verified before it can be used as the basis for determining the facts of the case.
Article 57 Public security organs must, in accordance with legal procedures, collect all kinds of evidence that can prove the criminal suspect's guilt or innocence and the seriousness of the crime. It is necessary to ensure that all citizens who are related to or know the case have the conditions to provide evidence objectively and fully, and they can be hired to assist in the investigation except in special circumstances.
Article 58 When collecting evidence from relevant units and individuals, public security organs shall inform them that they must provide evidence truthfully.
Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential.
Whoever forges, conceals or destroys evidence shall be investigated for legal responsibility according to law.
Fifty-ninth public security organs to obtain evidence from the relevant units and individuals, should be approved by the person in charge of the case handling department, issued a notice of evidence collection. The transferred unit or individual shall stamp or sign the notice, and if it refuses to stamp or sign, the public security organ shall indicate it. When necessary, the content of evidence and the process of obtaining evidence shall be fixed by means of audio or video recording.
Article 60 Evidence materials such as physical evidence, documentary evidence, audio-visual materials, electronic data, inspection reports, expert opinions, transcripts of inquests and inspections collected by administrative organs in the process of administrative law enforcement and case investigation and accepted by public security organs or obtained according to law may be used as evidence.
Article 61 The material evidence collected and retrieved shall be the original. Only when the original is inconvenient to carry, difficult to preserve, or should be preserved, processed or returned by the relevant departments according to law, can photos, videos or reproductions sufficient to reflect the form or content of the original be taken or made.
Photographs, videos or copies of material evidence can be used as evidence if they are verified with the original or proved to be true by appraisal, or can be proved to be true by other means. Photographs, videos or reproductions of the original cannot reflect the features and features of the original and cannot be used as evidence.
Article 62 Documentary evidence collected and retrieved shall be original. Copies or reproductions can only be used if it is really difficult to obtain the original.
Copies and reproductions of documentary evidence can be used as evidence if they are verified with the original or verified by identification, or can be proved to be true by other means. Documentary evidence has changes or signs of changes that cannot be reasonably explained, or copies and reproductions of documentary evidence cannot reflect the original documentary evidence and its contents, and cannot be used as evidence.
Article 63 Photographs, videos or copies of physical evidence, copies and copies of documentary evidence, audio-visual materials and electronic data shall be accompanied by a written description of the production process and the original and its storage place, and shall be signed by the producer, the article holder or the relevant personnel of the article holder.
Article 64 The public security organ's opinions on approving arrest and prosecution must be faithful to the facts. Whoever intentionally conceals the truth shall be investigated for responsibility according to law.
Article 65 The facts of a case that need to be ascertained include:
(a) whether there is a criminal act;
(two) the time, place, means and consequences of the crime;
(3) Whether the criminal act is committed by a criminal suspect;
(4) the identity of the criminal suspect;
(5) The motive and purpose of the criminal suspect in committing a criminal act;
(six) the responsibility of the criminal suspect and the relationship with other co-defendants;
(seven) the criminal suspect has circumstances that cannot be given a heavier, lighter, mitigated or exempted punishment;
(8) Other facts related to the case.
Article 66 When the public security organ transfers it for examination and prosecution, it shall ensure that the facts of the crime are clear and the evidence is true and sufficient.
If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the facts of the case;
(2) The evidence of the facts of the case has been verified through legal procedures;
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt.
The examination of evidence should be based on the specific circumstances of the case, from the degree of correlation between evidence and the facts to be proved, the relationship between evidence and so on.
If only the criminal suspect confesses and there is no other evidence, the facts of the case cannot be determined; If the criminal suspect has no confession and the evidence is true and sufficient, the facts of the case can be determined.
Article 67 confessions of criminal suspects collected by illegal methods such as extorting confessions by torture, witness testimonies and victim statements collected by illegal methods such as violence and threats shall be excluded.
If the collection of material evidence and documentary evidence violates legal procedures and may seriously affect judicial justice, it shall be corrected or given a reasonable explanation; If it cannot be corrected or a reasonable explanation cannot be given, the evidence shall be excluded.
Evidence that should be excluded in the investigation stage shall be excluded according to law with the approval of the person in charge of the public security organ at or above the county level, and shall not be used as the basis for requesting approval of arrest and transfer for review and prosecution.
If the people's procuratorate thinks that there may be cases of collecting evidence by illegal means and asks the public security organ to explain it, the public security organ shall promptly investigate and make a written explanation to the people's procuratorate.
Article 68 If the people's court considers that the existing evidence materials cannot prove the legality of evidence collection, and informs the relevant investigators or other personnel to appear in court to explain the situation, the relevant investigators or other personnel shall appear in court. When necessary, the relevant investigators or other personnel may also request to appear in court to explain the situation.
According to the notice of the people's court, the people's police shall testify in court for the criminal acts witnessed while performing their duties.
Article 69 Anyone who knows the circumstances of a case has the obligation to testify.
A person who is physically and mentally defective or young, can't distinguish right from wrong and can't express correctly, can't be a witness.
Whether the witness can distinguish right from wrong, express correctly, and conduct inspection or appraisal when necessary.
Article 70 Public security organs shall ensure the safety of witnesses and their close relatives.
Threatening, insulting, beating or retaliating against witnesses and their close relatives, which constitutes a crime, shall be investigated for criminal responsibility according to law; If it is not serious enough for criminal punishment, it shall be given administrative punishment for public security according to law.
Seventy-first cases of crimes endangering national security, terrorist activities, organized crimes of underworld nature, drug crimes, etc. If the personal safety of witnesses, expert witnesses, victims or their close relatives is threatened during the investigation, the public security organ shall take one or more of the following protective measures:
(1) Not disclosing personal information such as real name, address and work unit;
(2) Prohibition